“Son, kick their butt.”

Another comes from Coach Dale: ”My practices are not designed for your enjoyment.” Well, one Indiana adult club just let the City of Kokomo know something about the club’s practice of renewing alcohol permits: “Kokomo strip club wins fight over liquor license,” is the title of this article.

It’s a simple story. In 2001 Mom and Dad apply for an alcoholic beverage permit for Hoosier, LLC, which they run as “Ultimate Place 2B.” Apparently Dad is known for operating adult-type businesses, and the town opposed the permit application. In the fall of 2001, the permit issues after Mom and Dad promise that “as long as Hoosier, LLC owns the [alcohol] permit,” there won’t be adult entertainment on the premises — sports bar only!

In 2004, Mom and Dad transfer ownership of their sports bar and its alcoholic beverage permit to their son (Daniel), who then converts the business into an adult entertainment establishment. When Daniel applies to renew the permit, opposition surfaces and the renewal is denied by Indiana’s Alcohol and Tobacco Commission (ATC). The trial court reverses. And in this opinion, the Indiana Court of Appeals agrees that “insufficient evidence was presented to the ATC to support the non-renewal of the alcoholic beverage permit.” Affirmed.

On appeal, the town and opposition argued that Mom and Dad had promised not to run a topless club. Here is the “gotcha” passage from the opinion:

The ATC found that Joan and Dan Sr. promised remonstrators that Ultimate Place would never be an adult entertainment business. However, it is clear from the record that Joan and Dan Sr. did not agree with the remonstrators that the permit premises would never become an adult entertainment business. Rather, Joan and Dan Sr. promised that “[a]s long as Hoosier LLC owns the permit premises at 5126 Clinton Drive, Kokomo, Indiana 46902, also known as the Ultimate Place 2B,” there would be no adult entertainment there. The Dumoulins’ assurance to the remonstrators said nothing of what any future business owners might do with the space. Thus, this finding is not supported by substantial evidence.